months after the approval of this Act: Provided further, That no benefits shall accrue prior to the enactment of this Act." The first notice of any injury sustained by Mr. Snapp is contained in form (C. A. 4) received by the Commission on November 10, 1938, executed by Herbert M. Snapp. in which claim was made for compensation on account of the loss of the left eye, which was attributed by Mr. Snapp to an injury sustained on April 3, 1937, while he was employed as a road foreman by the United States Forest Service. Department of Agriculture. It was stated by Mr. Snapp in this form that while on fire duty he sustained laceration of the cornea of the left eye when he was struck by the branch of a bush or a small tree. It does not appear from the file in this case that Mr. Snapp lost any time from work as a result of this injury and the ensuing disability to his eye. The file contains a statement dated Batesville, Ark., January 10, 1939, signed by Dr. C. G. Hinkle, which indicates that Mr. Snapp was treated on October 1, 1937, for a disease of his eye. Since it did not appear that any written notice of injury or claim for compensation was filed in this case within 1 year from the date of the alleged injury, as required by the mandatory provisions of sections 15 to 20, inclusive, of the act of September 7, 1916, the benefits of the act could not be extended to Mr. Snapp, and he was so advised by letter dated January 26, 1939. Since, for the reason stated above, the Commission had no authority to consider the merits of Mr. Snapp's claim, no inquiry was made with respect thereto, and the Commission can therefore express no opinion thereon. The bill, S. 1186, is apparently designed to waive in favor of Herbert M. Snapp the bar of the time limitations in sections 15 to 20, both inclusive, of the United States Employees' Compensation Act of September 7, 1916, and to leave the Commission free to determine the merits of Mr. Snapp's claim, and to afford him such measure of relief as the facts, when established, may show him to be entitled to, under the provisions of the Compensation Act. There is no reference in the bill to the precise nature of the disability on account of which it is proposed to extend relief. Such a reference is customary, and it is suggested that it be added for the sake of the record and for identification of the case. In view of the foregoing, the Commission makes no recommendation with respect to the advisability of the enactment of the bill S. 1186. Very truly yours, JEWELL W. Swofford, UNITED STATES POST OFFICE, Senator JOHN E MILLER, Searcy, Ark. Walnut Ridge, Ark., November 8, 1938. DEAR MR. MILLER: I am enclosing the report of injury of my father, H. M. Snapp. You will find the statement of M. L. Potts, project superintendent; Homer F. Cunningham, mechanic for the Civilian Conservation Corps camp; G. W. Looney, foreman in the camp; and Dr. Frank W. Threadgill, the camp physician. Also a letter from E. D. Potter, one of the camp officials, who states he will send a statement. Since most of these men were not any longer employed and had moved somewhere else, it was a job to find all of them. Therefore this caused some delay. I noticed that the claim states that claim must be filed within 1 year after injury. But you can see by Dr. L. T. Evans' statement that it was November 1937 that the eyeball bursted, which nearly caused the death of my father. Also dad felt that should he file claim that it would perhaps be against him in getting reinstated, as he was of the opinion that he would get his job back soon after January 1. He does not want anything that is not due him, but if it is the responsibility of the Government that he lost the sight of one eye and very near his life, he feels that he should receive the compensation due him. He has not been able to work since last November. Mr. Miller, I am sending this to you that you may give this your personal attention. I am confident that he will receive what is due him. Thanking you in advance for your assistance. Your friend, О CHARLES C. SNAPP. 76TH CONGRESS 1st Session } HOUSE OF REPRESENTATIVES REPORT No. 766 J. VERNON PHILLIPS JUNE 6, 1939.-Committed to the Committee of the Whole House and ordered to be printed Mr. PITTENGER, from the Committee on Claims, submitted the following REPORT [To accompany S. 1692] The Committee on Claims, to whom was referred the bill (S. 1692) for the relief of J. Vernon Phillips, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of the proposed legislation is to pay to J. Vernon Phillips, formerly an employee of the Soil Conservation Service, Department of Agriculture, in Gaffney, S. C., $231.10 for 25 days and 4 hours of accrued annual leave which he would have received had he been continued on the pay roll after July 31, 1936, until the date of the expiration of his accumulated annual leave. The facts are fully set forth in Senate Report No. 177, which is appended hereto and made a part of this report. Your committee concurs in the recommendation of the Senate. [S. Rept. No. 177, 76th Cong.. 1st sess. The bill, as amended, provides for the payment of $231.10 to J. Vernon Phillips, formerly an employee of the Soil Conservation Service, Department of Agriculture, in Gaffney, S. C., in full satisfaction of his claim against the United States for 25 days and 4 hours of accrued annual leave which he would have received had he been continued on the pay roll after July 31, 1936, until the date of the expiration of his accumulated annual leave. The Acting Secretary of Agriculture recommends the enactment of the bill, stating that the claim is just and meritorious. The Secretary reports that it was through administrative error that Mr. Phillips was not granted his accumulated annual leave as authorized by the Leave Act, dated March 14, 1936, which was effective January 1, 1936. Mr. Phillips' termination was approved as of July 31, 1936, which did not include all accrued annual leave. Once his termination had been approved the Department was precluded, by regulations, from reinstating Mr. Phillips from the purpose of effecting payment for his accrued annual leave. The following communications are appended hereto and made a part of this report. DEPARTMENT OF AGRICULTURE, Hon. JOSIAH W. Bailey, Chairman, Committee on Claims, United States Senate. DEAR SENATOR BAILEY: In accordance with your request of June 2, 1938, there are enclosed, for consideration in connection with bill No. S. 4124 for the relief of J. Vernon Phillips, copies of all pertinent papers on file in the Soil Conservation Service relating to the matter of Mr. Phillips' claim for a sum equal to the total amount of his accumulated leave. As indicated by copies of attached correspondence, it was through administrative error that Mr. Phillips was not granted his accumulated annual leave as authorized by the Leave Act, dated March 14, 1936, which was effective January 1, 1936. Mr. Phillips' termination was approved as of July 31, 1936, which did not include all accrued annual leave. Once his termination had been approved we were precluded, by regulations, from reinstating Mr. Phillips for the purpose of effecting payment for his accrued annual leave (16 Comp. Gen. 899). It is considered that Mr. Phillips' claim is just and meritorious and, therefore, the Department has no objection to the approval of the bill in the sum of $231.10, representing 25 days and 4 hours of accrued annual leave, as indicated on the leave statement contained in the enclosed file, at a rate of $2,600 per annum. Sincerely yours, M. L. WILSON, Acting Secretary. Mr. G. G. SMITH, REGIONAL OFFICE, Spartanburg, S. C., March 11, 1937. Chief Fiscal Officer, Soil Conservation Service, (Attention: Mr. C. H. Dorny.) Washington, D. C. DEAR MR. SMITH: We acknowledge receipt of your letter of March 8 concerning individual record of salary payments, retirement, and other deductions for Mr. J. Vernon Phillips. Check was erroneously drawn and delivered to Mr. Phillips by the project manager. Mr. Phillips subsequently cashed the check and later made refund in the amount of $104.53. We are attaching a copy of the schedule of collections. No adjustment has been made in the retirement involved ($3.80) because of the possibility of reinstatement of Mr. Phillips for payment of his unused annual leave. Such possibility now seems remote and this office will instruct the project office to make adjustment for retirement ($3.80) on their next pay roll. This adjustment will be in accordance with previous instructions from your office. The same appropriation is available for adjustment. If the procedure of adjusting retirement involving collections and cancelations has been changed and it is now necessary to refer such matters to the Claims Division of the General Accounting Office, we would appreciate a detailed outline of the procedure. Yours very truly, J. W. ABNEY, Acting Fiscal Officer. Mr. J. VERNON PHILLIPS, SPARTANBURG, S. C., February 15, 1937. Phillips Engineering Co., Gaffney, S. C. DEAR MR. PHILLIPS: We have for acknowledgment your letter to Mr. S. L. Jeffords under date of February 9, 1937. We wish to advise that we have previously written to the Washington office in regard to the 22 days' annual leave which you had accumulated to July 31, 1936. On December 2, 1936, we received from Mr. James L. Buckley, head, Classification and Appointment Section, the following: "Since Mr. Phillips' termination has been approved by the Department, and he is separated from the service, the unused annual leave due him cannot be granted. An employee should be granted all his available annual leave at the time of separation or termination, but in case he was not given all of it at that time, he cannot be allowed unused leave after his termination has been approved and he has separated from the service." Since the termination of your appointment was approved by the Secretary's office to become effective July 31, 1936, we regret that it is beyond our jurisdiction to authorize pay for the 22 days' annual leave as you requested. Very truly yours, J. NORMAN STONE, Acting Head Leave and Statistical Unit. A true copy. [Copy] Regional Personnel Ófficer. J. W. ABNEY, Regional Fiscal Officer. Mr. S. L. JEFFORDS, PHILLIPS ENGINEERING Co., Project Manager, Soil Conservation Service, Spartanburg, S. C. DEAR SIR: I wish to write you, asking that you have my name placed on pay roll for sufficient time to cover 22 days' annual leave which I had coming to me when my service was terminated July 31, 1936. The official request for leave was filed in 1936 and should be in your files or the files of the personnel officer, Mr. Stapleton. Assuring you that I will appreciate any effort you might make to expedite the payment of above claim, I am, Very truly yours, A true copy. J. VERNON PHILLIPS. J. W. ABNEY, Regional Fiscal Officer. [Copy] Mr. D. V. STAPLETON, SPARTANBURG, S. C., October 9, 1936. Personnel Officer, Regional Office, Spartanburg, S. C. DEAR MR. STAPLETON: I am writing to ask that you request our Washington office to reinstate Mr. J. V. Phillips for a period of 22 days in order that Mr. Phillips may be eligible and receive the 22 days' annual leave due him which he did not get previous to his resignation under date of July 31, 1936. Mr. Phillips did not get this annual leave due him through a misunderstanding between Mr. Phillips and Mr. A. B. Gross, State Administrator, Emergency Conservation Work. Attached to this letter you will find regular form request for leave of absence, or rather annual leave, due Mr. Phillips and signed by him. Very truly yours, A true copy. S. L. JEFFORDS, Project Manager. J. W. ABNEY, Regional Fiscal Officer. O |